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Authorized  by  The  Commission  Form  of 
Government  Act  ::  As  Ratified  by  the 
South  Carolina  Legislature,  Session  1912. 


Applicable  to  T^  City  of  Sirat^er,  S.  C. 


PRICE  25  CENTS. 


Adoption  of 

The  "City  Manager"  Plan 
By  Sumter,  S.  C. 

In  1012  a  Special  Act  of  the  South  Carolina  Legislature 
gave  the  people  of  Surnter  their  choice  between  the  regular 
Commission  Plan  and  the  new  City  Manager  Plan.- 

The  former  vested  all  power  in  a  com  mission  of  three  mem- 
bers elected  at  large,  all  other  officials  being,  of  course,  ap- 
pointive, so  as  to  provide  unification  of  authority  and  a 
"short  ballot,"  which  every  voter,  careless  or  not,  could 
easily  cast  with  a  complete  knowledge  of  what  he  was  do- 
ing. The  mayor  was  to  receive  $1,200  a  year  and  each  of 
the  other  two  commissioners  $1,000,  all  being  ex-officio  de- 
partment chiefs . 

The  City  Manager  plan  gave  the  commissioners  only 
nominal  salaries  ($3.QQ--a  year  to  the  mayor  and  $200  a  year 
en  eh  to  the  other  two)  and  left  them  free  to  pursue  their 
private  careers.  They  were  authorized  to  hire  a  City  Manag- 
er and  fix  his  duties  and  salary. 

During  the  brief  campaign  it  was  pointed  out  that  the 
City  Manager  plan  involved  only  one  "high-salaried"  offi- 
cer, the  difference  in  commissioners'  salaries  between  the 
two  plans  allowing  $2,500  for  a  City  Manager  without  en- 
tailing higher  costs  than  the  commission  salaries  without  a 
manager. 

The  City  Manager  now  receives  $3,300.00  Salary  a  year. 

On  June  12,  1012,  Sumter  voted  by  three  to  one  for  the 
City  Manager  plan. 

The  next  step  was  the  election  of  the  first  commission.  The 
fact  that  members  of  the  commission  need  not  interrupt 
their  private  careers  brought  out  an  unusually  high  type  of 
candidates,  including  some  of  the  most  progressive  business 
men  who  had  not  previously  felt  able  to  enter  public  life. 
An  excellent  commission  was  elected  on  August  13th. 

"1.  Unlike  the  Des  Moines  type  of  Commission  Plan,  it 
gives  complete  unification  of  the  administrative  establish- 
ment. 

"2.  It  makes  it  possible  to  have  a  permanpnt  professional 
expert  administrator. 

"3  It  abolishes  the  one-man  power  in  the  Mayor-and- 
Conncil  plan  (sinrc  this  executive  is  under  continuous  con- 
trol.) 

"4.     Tt  leaves  the  people  free  to  choose  candidates  simply 


2986^0 


2  COMMISSION  FORM  OF  GOVERNMENT 

as  representatives,  unlimited  by  any  implied  requirement 
as  to  executive  experience  or  capacity  to  earn  a  large 
salary.  (This  feature  is  of  special  interest  to  labor.) 

"5.  It  abandons  the  unscientific  plan  of  attempting  to 
select  executive  experts  by  popular  election  for  short  terms. 

"6.  It  keeps  the  vital  Short  Ballot  feature  of  the  com- 
mission plan. 

"This  plan  is  unlike  the  Staunton,  Va.,  plan  where  the 
title  "City  Manager"  is  in  use,  inasmuch  as  that  officer 
has  behind  him  a  Mayor  and  Council  of  the  old  type,  who 
have  voluntarily  abdicted  their  executive  duties  in  his  favor. 
Staunton,  in  othej;  words,  has  a  City  Manager,  but  not  the 
City  Manager  plan.  The  Sumter  City  Manager  plan  is  in 
effect  a  combination  of  the  commission  plan  with  the  Staun- 
ton idea.  " 


No.  4r>3. 

AN  ACT  to  Regulate  the  Holding  of  Elections  for  the  Com- 
mission Form  of  Government  in  Cities  of  Over  Four 
Thousand  Inhabitants,  and  to  Provide  for  the  Adoption 
of  Said  Form  of  Government  in  Cities  of  Over  Ten  Thous- 
and and  Less  Than  Twenty  Thousand  Inhabitants,  and 
Cities  of  Over  Fifty  Thousand  and  Less  Than  One  Hun- 
dred Thousand  Inhabitants,  and  in  Certain  Cities  Named 
Herein. 

Section  1.  Be  it  enacted  By  the  General  Assembly  of  the 
State  of  South  Carolina,  That"  before  the  election /in  any  city 
of  over  four  thousand  inhabitants  in  this  State  on  the  adop- 
tion of  the  Commission  Form  of  Government  shall  be  held, 
the  books  of  registration  of  electors,  both  municipal  and 
county  in  which  said  city  is  situate,  shall  be  open  for  the 
registration  of  electors  for  three  months  in  cities  of  more 
than  ten  thousand  inhabitants,  and  for  three  weeks -in  cities 
of  less  than  ten  thousand  inhabitants;  each  day  of  the  wpok 
except  Sundays,  at  least  five  hours  per  day,  and  shall  be 
closed  after  said  three  months  at  least  thirty  days  before 
said  election. 

Sec.  2.  That  the  County  Supervisor  of  Registration  be 
paid  one  hundred  and  fifty  dollars  each,  in  cities  of  more 
than  ten  thousand  inhabitants  and  twenty-seven  ($27.00) 
dollars  each  in  cities  of  less  than  ten  thousand  inhabitants, 
extra  for  holding  said  extra  registration  for  the  State  and 
county  registration. 

Sec,  3.     When  the  petitions,  which  are  the  prerequisites 


ACT  S.  C.  LEGISLATURE,  SESSION  1912.  3 

to  order  such  elections  are  filed  with  the  proper  officers,  on 
written  notice  of  the  same  by  any  citizen  of  the  municipality 
in  which  such  elections  is  to  be  held  to  the  municipal  and 
county  registration  officers,  they  shall  immediately  open  the 
said  books  of  registration  and  keep  them  open  for  the  time 
heroin  prescribed. 

Sec.  4.  The  provisions  of  this  Act  providing  a  form  of 
government,  known  as  the  commission  form  for  cities  here- 
in classified,  shall  be  known  as  the  Article  VIII  of  Chapter 
XL  IX  of  the  Code  of  Laws  of  South  Carolina,  1902.  Any 
city  which  by  the  last  preceding  United  States  census  here- 
tofore or  hereafter  made  and  published  may  have  more  than 
ten  thousand  inhabitants'  and  less  than  twenty  thousand 
inhabitants,  and  any  city  which,  by  the  last  preceding  United 
States  census  heretofore  or  hereafter  made  and  published, 
may  have  more  than  fifty  thousand  inhabitants  and  less  than 
one  hundred  thousand  inhabitants,  may  adopt  the  form  of 
government,  known  as  Commission  Form  of  Government, 
rind  become  organized  as  a  city  under  the  provisions  hereof 
retaining  and  exercising  all  the  rights  and  powers,  and  re- 
maining subject  to  all  the  duties  and  obligations  heretofore 
otherwise  granted  or  imposed  by  law  not  herein  repealed 
specifically  or  by  necessary  implication. 

Sec.  5.  Upon  the  petition  of  registered  electors,  quali- 
fied to  vote  in  such  city,  equal  in  number  to  twenty-five  per 
centum  of  the  votes  cast  for  all  candidates  for  mayor  at  the 
last  preceding  city  election  of  any  such  city,  showing  the 
residence  and  occupation  of  each  petitioner,  and  verified  as 
hereinafter  required  for  other  petitions,  the  mayor  shall, 
by  proclamation,  submit  to  a  vote  of  the  qualified  register- 
ed electors  of  said  city  the  question  of  adopting  the  form 
of  government  herein  and  organizing  as  a  city  under  this 
article  at  a  special  election  to  be  held  at  a  time  specified  in 
said  proclamation,  not  later  than  six  (6)  months,  and  not 
earlier  than  four  (4)  months,  after  said  petition  is  filed. 
If  the  plan  of  government  herein  provided  for  be  not  adopt- 
ed by  the  majority  vote  cast  at  the  said  special  election, 
the  question  of  adopting  said  plan  shall  not  be  resubmitted 
to  the  voters  of  said  city  for  adoption  within  four  years 
thereafter,  but  at  the  expiration  of  four  years,  the  same 
question  may  be  resubmitted  upon  the  presentation  of  a 
petition  as  hereinabove  provided  for.  The  question  shall 
be  submitted  by  the  mayor  in  his  proclamation  in  the  fol- 
lowing form,  to  wit:  "Shall  the  city  of  (name  of  city) 


4  COMMISSION  FORM  OF  GOVERNMENT 

adopt  the  form  of  government  provided  in  Article  VIII, 
Chapter  XL1X  of  the  Code  of  Laws  of  South  Carolina  (cities 
of  more  than  ten  thousand  inhabitants  and  less  than  twenty 
thousand  inhabitants,  and  cities  of  more  than  fifty  thousand 
inhabitants  and  less  than  one  hundred  thousand  inhabi- 
tants)?" 

Sec.  6.  At  such  election  there  shall  be  proided  by  the 
Board  of  Commissioners  of  Elections  ballots,  upon  which 
shall  be  written:  ''Shall  the  city  of  (name  of  city)  adopt 
the  form  of  government  provided  in  Article  VIII,  Chapter 
XLIX  of  the  Code  of  Laws  of  South  Carolina  (cities  of  more 
than  ten  thousand  inhabitants  and  less  than  twenty  thous- 
and inhabitants,  and  cities  of  more  than  fifty  thousand  in- 
habitants and  less  than  one  hundred  thousand  inhabitants)  ? 
Yes.  No.  (Erase  one  answer.)  Each  qualified  registered 
elector  shall  be  allowed  to  vote  one  ballot ;  the  said  el»M-- 
tion  being  conducted  and  the  vote  canvassed  and  the  result 
declared  in  the  same  manner  as  heretofore  provided  by  law 
in  respect  to  municipal  elections,  except  as  hereinafter  pro- 
vided. If  the  majority  of  the  votes  cast  shall  be  "Yes." 
(the  word  "No"  being  erased),  the  Board  of  Commission- 
ers of  Elections  shall  declare  that  the  said  city  has  adopted 
the  form  of  government  provided  for  herein.  If  there  be  not 
a  majority  of  the  ballots  with  the  word  "Yes"  thereon,  and 
the  word  "No"  erased,  the  Board  of  Commissioners  of 
Election  shall  declare  that  the  said  form  of  government 
has  been  rejected.  Immediately  after  the  result  of  said 
election  is  declared,  if  it  be  in  favor  the  adoption  of  the  said 
form  of  government,  the  mayor  shall- forthwith  file  with  tin1 
Secretary  of  State  a  certificate  stating  the  results  of  said 
vote,  which  certificate  shall  be  recorded  in  the  office  of  the 
Secretary  of  State,  and  shall  be  sufficient  record  and  no- 
tice that  the  said  city  is  thereafter  operating  under  the 
said  form  of  government :  Provided,  however,  That  the 
mayor  and  council  and  other  officers  then  in  office,  shall 
continue  and  remain  until  their  terms  expire,  and  after 
their  successors  shall  be  elected  and  qualify  as  here- 
inafter provided  ;  and  all  ordinances,  resolutions,  or  other 
provisions  theretofore  of  force  and  not  inconsistent  with, 
the  provisions  of  this  article,  shall  remain  until  altered 
or  rer>°aled  by  the  council  elected  as  hereinafter  provided. 
For  tnc  election  on  the  adoption  of  this  form  of  govern- 
ment the  registered  electors  entitled  to  vote  shall  be  those 
on  the  latest  list  that  may  have  been  registered,  as  pro- 


ACT  S.  C.  LEGISLATURE,  SESSION  1912. 


vidcd  in  this  Act;  then  registration  for  any  and  every 
Ht-rtion  thereafter  shall  be  made  by  the  Board  of  Commis- 
sioners of  Ele^^n  herein  provided  for,  with  the  require- 
ments herein.  nVided. 

Sec.  7.  After  the  filing  of  said  certificate  in  the  office 
of  the  Secretary  of  State,  the  mayor  shall,  by  proclama- 
tion, publish  in  the  daily  newspapers  of  said  city,  up  to 
the  day  of  said  election,  order  an  election  for  one  mayor 
mid  four  councilmen.  said  election  to  be  held  at  the  date 
when  the  next  election  for  mayor  would  be  held,  the  mayor 
and  four  councilmen  to  be  voted  for  at  large,  said  election  to 
be  governed  by  the  provisions  hereinafter  made  with  re- 
ference to  regular  elections  for  mayor  and  councilmen  in 
such  city  or  as  otherwise  provided  by  law:  Provided, 
That  the  Board  of  Commissioners  of  Elections  shall  provide 
the  ballots  and  shall  put  thereon  the  names  of  all  candi- 
dates, of  whom  notice  must  have  been  given  for  at  least 
two  days :  Provided,  further,  That  no  ballot  shall  be  count- 
ed for  any  candidate  for  councilman  unless  it  be  for  the 
full  number  of  councilmen  to  be  elected,  and  this  rule  shall 
apply  to  every  election  for  councilman. 

Sec.  8.  In  every  such  city  there  shall  be  a  mayor  and 
four  councilmen  elected  for  the  term  of  four  years :  Pro- 
videdi  That  of  the  four  councilmen  elected  at  the  first  elec- 
tion, the  two  receiving  the  highest  number  of  votes  shall 
serve  for  four' years,  and  the  remaining  two  shall  serve  for 
two  years.  And,  thereafter,  every  two  years  from  the 
time  of  the  fi^st  election,  an  election  shall  be  had  for  two 
councilmen,  and  every  four  years  from  the  time  of  the  first 
election  an  election  shall  be  had  for  a  mayor  and  two 
councilmen,  and  the  said  mayor  and  four  councilmen  shall 
constitute  the  City  Council  of  said  city.  If  any  vacancy 
occur  in  the  City  Council,  the  remaining  members,  or  a 
majority  thereof,  shall  appoint  a  person  to  serve  during  the 
uri expired  term. 

Siv.  !).  There  shall  be  no  party  primary  nominations 
of  any  person  as  a  candidate  for  mayor  or  councilman, 
unless  the  said  party  primary  election  be  conducted  and  the 
qualifications  for  suffrage  therein  be  enforced  as  herein 
provided.  The  primary  election  of  any  party  for  nominat- 
ing mayor  and  councilmen  shall  be  held  on  the  second  Tues- 
day preceding  the  municipal  election,  and  shall  be  conduct- 
ed by  the  duly  appointed  Board  of  Commis- 
sioners of  Election  and  Board  of  Managers  of  Elec- 


6  COMMISSION  FORM  OF  GOVERNMENT 

tions  for  the  said  municipal  election,  who  shall     be     paid 
as  for  the  holding  of  said  municipal  election,  and  shall  con- 
duct the  primary  elections  at  the  same  ^^es  and  in     the 
same  manner  and  with     the  enforcemeiitfP    the  same  re- 
quirements of  registration  for  suffrage  as  in  the  municipal 
election,  having  a  separate  box  for  each  organized  political 
party  in  said  city,  and  for  any  violation  of  the  law  governing 
the  same  shall  be  subject  to  the  same  punishment     as     in 
violation  of  the  law  governing  other  elections :     Provided, 
however,  That  no  person  shall  be  allowed  to  vote  in  any 
party  primary  election  unless  he  be  a  member  of  said  party 
and  make  oath  to  that  effect,  as  provided  by  the  rules  of 
said  party:       Provided,  further,  That     no  primary     elec- 
tion shall  be  held  for  any  political  party  unless  the  chief 
officer  or  officers  in  the  city  organization,  shall  notify  the 
mayor  and  the     chairman  of    the  Board  of    Commissioners 
of  Elections  for  the  municipal     election  at  least     five  days 
before  the  time  for  the  holding  of  the  party  primary  elec- 
tion that  the  said    political  party  desires     a  primary     elec- 
tion, and  at  such  primary  election  three  members  of  such 
political   party,   duly   appointed   for  the   purpose   by     the 
proper  officers  of  the  party,  shall  have  the  right  to  be  pre- 
sent at  each  polling  precinct  and  advise  the  managers  if 
any  person  offering  to  vote  in  said  party  primary  be     not 
a  member  of  said  party,  and  file  protest  as  ground  for  legal 
contest  in  case  such  person  be  allowed  to  vote  by  the  legal 
managers.     No  ballot  cast  in  said  primary  election  -shall  be 
counted  for  any  person  who  shall  not  have  filed  with  the 
chairman  of  the  Board  of  Commissioners  of  Elections  the 
pledge  as  to  corrupt  practices  and  the  itemized  statement 
as  to  expenditures,  as  provided  in  an  Act  making  certain 
offenses  in  primary  elections  misdemeanors,  and  prescribing 
penalties  therefor,  approved  March  6,  1905,  Volume  XXIV 
of  the  Statutes,  at  page  949.    The  Board  of  Commissioners  of 
Elections  shall  cause  the  names  of  all  candidates  in  the  pri- 
mary election,  classed  according  to  their  party  affiliation,  to 
be  published  in  the  daily  newspapers  of  the  city  from  the 
time  that  they  have  become  qualified  as  candidates  up  to 
and  including  the  day  of  the  primary  election;  and  the  said 
Board  shall  provide  the  printed  ballots  to  be  used  in  the 
said  primary  elections,  the  names  of  candidates  for  mayor, 
and  also,  seperately,  the  names  of  the  candidates  for  coun- 
cilmen,  arranged  alphabetically;  the  ballots  in     each  CMS  • 
to  bear  the  words:    "Vote  for  (the  number  to  be  elected.)  " 


ACT  S.  C.  LEGISLATURE.  SESSION  1912.  7 

The  candidate  receiving  the  largest  majority  vote  shall  be 
declared  elected.  In  case  a  primary  election  do  not  result 
in  a  majority  and  larger  vote  of  the  number  of  persons  to 
be  eleded  in  the  regular  municipal  election,  a  second  primary 
shall  be  had  on  the  seventh  day  after  the  first  primary,  in 
which  second  primary  the  ballot  shall  contain,  for  each 
position  for  which  choice  is  to  be  made,  the  names  of  two 
persons — those  receiving  the  highest  vote  at  the  preceding 
primary  election. 

Sec.  10.  Any  person  who  shall  perform*  or  agree  to  per- 
form, any  service  in  the  interest  of  any  candidate  for  any 
office  provided  for  in  this  Act  (whether  in  connection  with 
the  primary  election  nomination  or  in  connection  with  the 
municipal  election,  or  in  connection  with  the  obtaining  and 
filng  of  the  petition  required  herein,)  in  consideration  of  any 
money  or  other  valuable  thing,  or  of  further  support  in  ob- 
taining office,  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  ($500.00)  dollars,  or  imprisonment  not  exceeding 
one  (1)  year,  and  any  candidate,  or  other  person,  who  shall 
solicit  or  contract  for,  or  otherwise  seek  or  obtain,  such  ser- 
vices in  the  interest  of  or  against  a  candidacy  for  mayor  or 
councilman,  or  for  or  against  any  question  that  may  be  sub- 
mitted to  an  election,  or  shall  pay  any  money  for  said  ser- 
vice or  promise  any  valuable  thing  for  such  service,  or  to 
influence  any  elector  in  his  vote,  shall  be  punished  in  the 
same  manner,  and  any  person  making  false  answers  to  any 
of  the  provisions  of  this  Act  relative  to  his  qualifications  to 
vote  at  any  election  herein  provided  for,  any  person  wilfully 
voting  or  offering  to  vote  at  such  election  when  not  qualified 
as  herein  provided,  and  any  person  knowingly  procuring* 
aiding  or  abetting  any  violation  of  any  of  the  provisions 
herein,  shall  be  guilty  of  a  misdemeanor,  and,  upon  convic- 
tien,  shall  be  fined  not  exceeding  five  hundred  ($500.00) 
dollars,  or  imprisoned  not  exceeding  one  (1)  year,  and  other 
provisions  of  law  now  applying  to  bribery  or  corruption  or 
other  improper  practices  in  connection  with  elections  shall 
likewise  apply  to  the  elections  herein  referred  to. 

Sec.  11.  The  expenses  of  each  and  every  election  provided 
for  in  this  article,  including  .advertisement,  provision  of 
ballots  and  any  other  item,  shall  be  paid  out  of  the  city 
treasury,  upon  the  warrant  of  the  chairman  of  the  Board  of 
Commissioners  of  Elections. 

See.  12.  The  mayor  and  councilmen  chosen  as  herein  pro- 
vided shall  constitute  the  City  Council  of  such  city,  and  each 


8  COMMISSION  FORM  OF  GOVERNMENT 


of  them  shall  have  the  right  to  vote  on  all  questions  coming 
before  the  council,  three  of  them  constituting  a  quorum  -f 
and  the  affirmative  vote  of  three  members  of  said  council 
shall  be  necessary  to  adopt  any  motion  or  pass  any  measure, 
other  than  Avith  reference  to  meetings  and  adjournments. 
Upon  every  vote,  the  yeas  and  nays  shall  be  called  and  re- 
corded, arid  every  ordinance  or  resolution,  shall  be  reduced 
to  writing  and  read  before  the  vote  is  taken  thereon,  and 
every  ordinance  or  resolution  passed  by  council  shall  be 
signed  by  three  members  and  be  recorded  before  the  same 
shall  be  in  force.  The  mayor*  or,  in  his  absence,  one  of  the 
councilmen  chosen  as  mayor  pro  tern.,  shall  preside  at  all 
meetings  of  the  council,  but  shall  have  no  power  to  veto  any 
measure. 

Sec.  13.  The  council  shall  have,  possess  and  exercise  all 
executive,  legislative  and  judicial  powers  and  duties  con- 
ferred upon  such  city,  or  therefore  belonging  to  it,  with  the 
powrer  to  establish  such  subordinate  officers  as  they  may  see 
fit,  and  assign  to  them  appropriate  duties,  subject  to  the 
council.  Each  member  of  the  council  shall  give  to  the  du- 
ties of  his  office  all  the  time  that  may  be  needed  for  the 
most  efficient  conduct  of  the  affairs  of  the  city,  and  shall 
keep  regular  office  hours,  of  not  less  than  two  hours  daily 
except  Sundays. 

Sec.  14.  The  executive  and  administrative  powers  and 
duties  shall  be  by  said  council  distributed  among  five  de- 
partments, of  which  each  of  the  members  of  council  shall  be 
the  superintendent  of  one,  the  mavor  making  the  assign- 
ment, and  reassignments  being  made  by  a  vote  of  council, 
when  deemed_  necessary.  The  council  shall  have  power  to 
change  or  abolish  any  offices  theretofore  existing  in  said 
city,  and  to  establish  such  offices  with  such  salaries  as  may 
seem  desirable,  and  shall,  by  a  vote  of  three  members,  fill  a 
position*  or  remove  any  officer,  except  certain  civil  service 
positions  and  officers  hereinafter  provided  for:  Provided, 
however.  That  in  cities  of  not  less  than  fifty  thousand  inhabi- 
tants and  not  more  than  one  hundred  thousand  inhabitants, 
all  salaried  city  officials  holding  office,  either  by  election  of 
the  former  City  Council  or  by  appointment  by  the  mavor  at 
the  tim^  of  the  adoption  of  this  form  of  government,  and 
whose  terms  of  office  for  which  they  have  been  elected  or  ap- 
pointed shall  not  then  have  expired,  shall  continue  to  hold 
office  without  reduction  of  their  then  salaries  for  the  balance 
of  the  unexpired  term  of  their  respective  offices.  Tn  cities 


ACT  S.  C.  LEGISLATURE,  SESSION  1912.  9 


of  over  ten  thousand  (10,000)  inhabitants,  and  less  than 
twenty  thousand  (20,000)  inhabitants,  the  mayor  shall  be 
paid  an  annual  salary  of  eighteen  hundred  ($1,800)  dollars, 
and  each  councilman  an  annual  salary  of  twelve  hundred 
$1,200.00;  dollars,  payable  in  equal  monthly  installments: 
Provided,  That  in  cities  of  over  fifty  thousand  inhabitants 
and  less  than  one  hundred  thousand  inhabitants,  the  mayor 
shall  receive  an  annual  salary  of  five  thousand  ($5,000.00) 
dollars-  and  each  councilman  shall  receive  an  annual  salary 
of  four  thousand  ($4,000.00)  dollars,  payable  in  equal 
monthly  installments.  Regular  meetings  of  the  council 
shall  be  held  at  such  times  as  may  be  provided  for  by  ordin- 
ance, and  at  least  once  a  month,  and  all  meetings,  whether 
regular  or  special,  at  which  any  person  not  a  city  officer  is 
admitted,  shall  be  open  to  the  public. 

Sec.  15.  Every  ordinance  or  resolution  appropriating 
money  or  ordering  any  street  improvement  or  sewer,  or 
making  or  authorizing  the  making  of  any  contract  or  grant- 
ing any  franchise  or  right  to  occupy  or  use  the  streets, 
highways,  bridges  or  public  places  in  the  city  for  any  pur- 
pose, shall  be  complete  in  the  form  in  which  it  is  finally 
passed,  and  in  such  form  remain  on  file  with  the  city  clerk, 
open  to  public  inspection  at  least  one  week  before  the  final 
passage  or  adoption  thereof.  No  franchise  or  right  to 
occupy  or  use  the  streets,  highways,  bridges  or  public  places 
in  any  city  shall  be  granted,  renewed  or  extended,  except  by 
ordinance  passed  three  times  on  three  separate  days,  and 
every  franchise  or  grant  for  interurban  or  street  railways 
waterworks,  gas  or  electric  light  or  power  plants,  heating 
plants,  telegraph  or  telephone  systems  or  other  public 
service  utilities  within  said  city,  must  be  authorized  or  ap- 
proved by  a  majority  of  the  electors  voting  thereon  at  an 
election  which  shall  be  ordered  by  council. 

Sec.  If).  No  officer  or  employee  elected  or  appointed  in 
MIIV  such  city  shall  be  interested,  directly  or  indirectly  in 
any  contract,  or  job,  for  work  or  materials,  or  the  profits 
thereof,  or  any  services  to  be  furnished  or  performad  for  the 
city,  or  for  any  person,  firm  or  corporation  operating  in- 
n  or  street  railwa.vs,  waterworks,  gas  works,  electric 
or  power  plants,  heating  plants,  telegraph  or  telepboii" 
system,  or  other  nuHic  utility  within  the  territorial  limits 
of  said  city,  or  doing  business  or  proposing  to  do  busine« 
in  said  city.  Xo  such  officer  or  employer  shall  accept  or 
receive*  directly  or  indirectly,  from  any  person,  firm  or 


10  COMMISSION  FORM  OF  GOVERNMENT 

corporation  operating  within  the  territorial  limits  of  said 
city  any  such  public  utilities  company,  or  other  busness 
under  a  public  franchise  any  frank, "free  ticket  or  free  ser- 
vice, or  any  other  service,  upon  terms  more  favorable  than 
are  granted  to  the  public  generally,  or  request  or  induce  the 
granting  of  any  such  favor  to  any  other  person.  Any  viola- 
tion of  the  provisions  of  this  section  shall  be  a  misdemeanor 
punishable  by  a  fine  of  not  less  than  one  hundred  ($100.00) 
dollars  nor  more  than  five  thousand  ($5,000.00)  dollars,  or 
by  imprisonment  for  not  less  than  one  (1)  month  nor  more 
than  five  (5)  years:  Provided,  however,  That  the  police- 
men and  firemen  in  uniform  shall  have  the  right  to  free 
transportation  upon  any  street  railway  within  the  limits 
of  said  city. 

Sec.  17.  The  mayor  or  any  councilman  may  be  removed 
from  office  in  the  following  manner:  Whenever  qualified, 
registered  electors  of  said  city,  equal  in  number  to  at  Iv-ast 
twenty  per  centum  of  the  entire  vote  cast  at  the  primary 
election  which  chose  the  candidates  at  the  last  proceeding 
municipal  election,  file,  with  the  Governor  a  petition  de- 
manding the  removal  of  the  mayor  or  any  councilman,  and 
stating  the  grounds  for  such  demand,  the  signature  to  the 
said  petition  showing  the  place  of  residence  and  the  occupa- 
tion of  each  signer,  and  stating  that  he  is  a  qualified  regis- 
tered elector  of  said  city,  said  petition  being  duly  verified 
as  to  these  facts  by  one  or  more  persons  who  make  affidavits 
on  said  petition  as  to  any  stated  number  of  said  petitioners, 
the  said  Governor  shall  order  an  election  for  a  day  not 
later  than  thirty  (30)  days  and  not  earlier  than  two  (2) 
weeks  after  the  filing  of  the  said  petition  with  the  said  Gov- 
ernor; said  election  to  be  conducted  by  the  Board  of  Com- 
missioners of  Elections  and  the  Managers  of  Elections,  under 
the  rules  and  regulations  and  penalties  applying  to  other 
elections,  at  which  election  the  said  Board  of  Commissioners 
of  Election  shall  provide  ballots,  on  which  shall  be  place;! 
the  name  of  the  mayor  or  councilman  whose  removal  the 
petitioners  had  demanded,  and  also  the  name  or  names  of 
any  other  candidate,  or  candidates,  for  the  position  then  held 
by  the  said  mayor  or  councilman,  the  said  ballot  to  be  pre- 
pared at  least  five  (5)  days  b°fore  the  date  of  the  election. 
The  person  receiving  the  majority  of  the  votes  cast  in  the 
said  election  shall  hold  the  office  during  the  unexpired  term 
and  the  incumbent  shall  not  be  removed  unless  a  majority 
vote  is  received  by  some  other  person;  but  in  case  there  be 


ACT  S.  C.  LEGISLATURE.  SESSION  1912.          11 

no  election,  a  second  election  shall  be  held,  at  which  the 
ballots  shall  contain  only  the  names  of  the  incumbent  and 
of  his  opponent  who  received  the  highest  vote  at  the  preced- 
ing election ;  the  said  election  to  be  held  on  the  third  day 
ai'ler  the  first  election,  unless  delayed  by  a  contest  as  to  the 
result  of  the  election,  in  which  case  the  Board  of  Commis- 
rs  of  Elections  shall  advertise  a  day  for  the  second 
election,  not  later  than  ten  (10)  days  after  the  first  election. 

S.-".  18.  Any  proposed  ordinance  may  be  submitted  to 
the  council  by  a  petition  signed  by  qualified  registered  elec- 
tors of  said  city,  equal  in  number  to  twenty  per  centum  of 
the  vote  cast  for  mayor  at  the  last  preceding  primary  elec- 
tion, said  petition  stating  the  facts  as  to  the  petitioners  and 
being  verified  as  hereinafter  provided  for  petitions;  and 
within  two  weeks  after  the  filing  of  said  petitions,  said  coun- 
cil shall  pass  the  said  ordinance  or  call  a  special  election,  at 
which  the  adoption  or  rejection  of  such  ordinance  shall  be 
submitted  to  the  registered  electors  of  said  city,  or  said  or- 
dinance shall  forthwith,  upon  the  failure  of  council  to  act 
as  hereinaboA'e  prescribed,  become  a  valid  ordinance  of  said 
city  after  the  expiration  of  said  two  weeks.  At  such  elec- 
tion the  ballots  shall  contain  the  words,  "For  the  Ordin- 
ance" (and  state  the  title  of  the  proposed  ordinance,)  and 
"Against  the  Ordinance."  If  the  majority  of  the  registered 
electors  voting  on  the  proposed  ordinance  shall  vote  in  favor 
thereof,  such  proposed  ordinance  shall  thereupon  become  a 
valid  ordinance  of  said  city ;  and  any  ordinance  proposed  by 
a  M  'tition  or  adopted  by  an  election  as  herein  provided, 'can- 
not be  repealed  or  amended,  except  by  an  election  as  herein 
provided.  Any  number  of  proposed  ordinances  may  be  vot- 
ed upon  at  the  same  election  in  accordance  with  the  provi- 
sions of  this  section,  but  there  shall  not  be  more  than  one 
snecial  election  for  such  purpose  in  any  period  of  six  months. 
The  council  may  submit  a  proposition  for  the  repeal  of  any 
such  ordinance,  or  for  amendments  thereto,  to  be  voted  upon 
at  any  succeeding  general  city  election  or  at  an  election 
specially  ordered,  not  earlier  than  (1)  year  thereafter,  or  at 
a  special  election  ordered  at  any  time  upon  the  filing  of  a 
petition  of  the  percentage  of  qualified  registered  electors 
hereinbefore  referred  to,  requesting  such  election  to  repeal 
or  amend  said  ordinance. 

Sec.  19.  When  any  ordinance  is  passed  by  council,  its 
operation  shall  be  suspended  and  its  ratification  or  rejection 
shall  be  submitted  to  a  vote  of  the  qualified  registered  elec- 


12  COMMISSION  FORM  OF  GOVERNMENT 


tors  of  the  city  at  a  special  election,  if  a  petition  signed  by 
qualified  registered  electors  of  the  city,  as  hereinbefore  re- 
quired- shall  be  presented  to  council  demanding  the  same; 
and  alter  the  filing  of  said  petitions,  such  ordinance  shall 
not  be  operative  unless  a  majority  of  the  ballots  cast  at  such 
election  shall  be  in  favor  of  the  same. 

Sec.  20.     The  City  Council,  immediately  after  organizing 
under  this  Act,  shall  by  ordinance  appoint  three  Civil  Ser- 
vice Commissioners,  who  shall  hold  office  for  two,  four  and 
six  years,  the  successors  of  each  to  be  thereafter  appointed 
for  the  term  of  six  years,  at  the  expiration  of  the  preceding 
term  of  service ;  such  commissioners  to   be   removed  from 
office  by  council  only  for  cause,  four  councilmen  voting  for 
such   removal.      Council   shall    have    authority    to   fill    any 
vacancy   for  the   unexpired  term.     The   said   Civil    Service 
Commissioners  shall,  twice  a  year,  or  oftener,  if  they  deem 
it  necessary  under  such  rules  and  regulations  as  they  may 
prescribe,  hold  examinations  for  the  purpose  of  determin- 
ing  the    qualifications    of   applicants    for   positions    on   the 
police  force,  in  the  fire  department,  in  the  department  of 
public   health,   or   in   any   other   special   line   of   service  in 
t1-  p  city  government  which  by  the  City  Council  may  be  plac- 
ed under  the  civil   service  regulations.     The     examination 
for  each  line  of  service  to  be  practiced,  fairly  testing  the 
fitness  of  persons  examined  to  discharge  efficiently  the  du- 
ti°s  of  the  particular  line     of  employment.     The     commis- 
sioners shall,   as   soon   as   practicable   after  such    examina- 
tion, certify  to  the  council  the  persons  who  have  satisfactor- 
ily passed  such  examination*  stating  the  order  of  excellence: 
Provided,  however,  That  tha  commissionprs  shall  not  certi- 
fy the  name  of  (and  may  deny  the  examination  to)  any  per- 
son as  to  whose  honesty     and  integrity,  or     general  moral 
character,  they  have  not  reasonably  satisfied  themselves  by 
affirmative   investigation.     Council    shall    choose   employees 
in  the  civil  service  departments  of  the  government,  which 
shall  always  include  the  police  department,  the  fire  depart- 
ment, and  the  department  of  public  health,  only  from  per- 
sons so  certified  by  the  Civil  Service  Commissioners;  and 
no  appointee  to  a  civil     service  position  shall     be   remov- 
ed from  office  by  council  exc°pt  by  and  with  the  approval  of 
a  majority  of  the  Civil  Service  Commissioners  upon  charges 
duly  presented,  as  to  which  the  said  employee  shall  have  the 
opportunity  to  make  his  defense:    Provided,  however,  That 
the  chief  of  police  and  the  chief  of  the  fire  department,  or 


ACT  S.  C.  LEGISLATURE,  SESSION  1912.          13 


any  superintendent  or  foreman  in  charge  of  municipal  work, 
may  peremptorily  .suspend  or  discharge  any  subordinate  then 
under  his  direction  for  neglect  of  duty  or  disobedience  of  his 
orders,  but  shall  within  twenty-four  hours  thereafter  report 
such  suspension  or  discharge,  and  the  reason  therefor,  to 
the  member  of  council  who  may  be  the  superintendent  of 
said  department,  who  shall  thereupon  affirm  or  revoke  such 
discharge  or  suspension,  which  shall  be  final  unless  such 
employee  shall,  within  five  days,  of  such  ruling,  appeal 
therefrom  to  council,  which  shall,  with  the  Civil  Service 
Commissioners,  fully  hear  and  determine  the  matter,  and 
shall  not  finally  discharge  the  employee  without  the  con- 
currence of  two-thirds  of  the  Civil  Service  Commissioners. 
It  shall  further  be  the  duty  of  the  Civil  Service  Commis- 
sioners to  give  attention  to  the  work  of  all  departments 
within  the  civil  service  of  said  city,  and  to  make  reports  to 
council  and  such  publications  to  the  public  as  they  may  deem 
proper.  Said  Civil  Service  Commissioners  may  be  remov- 
ed upon  petition  and  vote  as  hereinabove  provided  for  mem- 
b  >rs  of  council.  Each  Civil  Service  Commissioner  shall  be 
paid  an  annual  salary  of  one  hundred  and  fifty  ($150)  dol- 
lars, payable  quarterly :  Provided,  That  in  cities  of  over 
fifty  thousand  inhabitants  and  less  than  one  hundred  thous- 
and inhabitants,  each  Civil  Service  Commissioner  shall  be 
paid  an  annual  salary  of  two  hundred  and  fifty  ($250)  dol- 
lars, payable  quarterly. 

See.  21.  The  City  Council  shall  appoint  a  city  attorney, 
who  must  be  a  freeholder  of  the  city,  and  for  not  less  than 
five  (T>)  years  preceding  his  appointment  a  resident  thereof. 
In  addition  to  his  general  duties,  which  shall  be  prescribed 
by  council,  it  shall  be  his  special  duty,  upon  knowledge,  in- 
formation, belief,  or  probable  ground  of  suspicion,  to  cause 
investigation,  and,  if  possible,  indictments  and  prosecutions 
for  each  and  every  violation  of  any  of  the  provisions  of  this 
article,  or  any  other  provision  of  law  in  respect  to  any  of 
the  inhibitions  in  this  article  contained,  or  any  bribery,  cor- 
ruption, malfeasance,  or  other  violation  of  law  whatsoever 
in  respect  to  the  said  city  of  any  member  of  council  or  any 
employee,  or  anv  other  person  or  persons. 

Sec.  22.  Before  entering  upon  the  duties  of  his  office  the 
Vavor  and  each  Councilman  and  each  Civil  Service  Commis- 
sioner shall  take  and  subscribe  the  oath  of  office  prescribed 
in  Section  26,  Article  ITT,  of  the  Constitution ;  and,  further, 
that  he  will  at  all  times  endeavor  to  secure  and  maintain 


14  COMMISSION  FORM  OF  GOVERNMENT 

for  the  city  an  honest  and  efficient  government  in  every  par- 
ticular, with  an  eye  single  to  the  public  welfare.  No  mem- 
ber of  council  or  of  the  Civil  Service  Commission  shall  hold 
or  be  a  candidate  for  any  other  office  without  first  resigning 
or  at  once  forfeiting  his  said  office  in  said  government.  No 
officer  or  candidate  in  connection  with  said  government 
shall  directly  or  indirectly  pay  for  any  publication  in  any 
newspaper  in  commendation  of  his  services  or  in  advocacy 
of  his  candidacy  except  under  the  caption,  "Paid  Advertise- 
ment," and  no  person,  firm  or  corporation,  publishing  or 
managing  a  newspaper,  shall  publish  for  a  consideration  any 
commendation,  advocacy,  or  condemnation  of  any  officer  or 
candidate  for  office  of  said  city  without  stating  in  said  pub- 
1  cation  the  price  paid  therefor  and  the  person  paying  for 
same.  Any  violation  of  any  of  these  provisions  shall  be 
punished  by  fine  not  exceeding  five  hundred  dollars  or  im- 
prisonment not  exceeding  one  year:  Provided*  however, 
That  the  City  Council  shall,  each  month,  print  in  pamphlet 
form,  a  detailed,  itemized  statement  of  all  receipts  and  ex- 
penses of  the  city  and  a  summary  of  its  proceedings  during 
the  preceding  month,  and  furnish  printed  copies  thereof 
to  the  State  library,  the  city  library,  the  daily  newspapers 
of  the  city,  and  to  persons  who  shall  apply  therefor  at  the 
office  of  the  city  clerk.  At  the  end  of  each  year  the  coun- 
cil shall  cause  a  full  and  complete  examination  of  all  the 
books  and  accounts  of  the  city  to  be  made  by  competent 
accountants,  and  shall  publish  the  result  of  such  examina- 
tion in  the  manner  above  provided  for  publication  of  state- 
ments of  monthly  expenditures,  the  expenses  of  all  such 
publications  to  be  paid  out  of  the  city  treasury. 

Sec.  23.  Within  five  days  after  the  filing  of  the  requisite 
petition  for  the  submission  of  the  question  of  the  adoption 
of  the  form  of  government  herein  provided  for.  the  Governor 
of  the  State,  upon  the  recommendation  of  the  majority  of 
the  legislative  delegation  from  the  county  in  which  said 
city  is  located,  shall  appoint  from  among  the  registered  elec- 
tors qualified  to  vote  in  said  city  three  discreet  and  trust- 
worthy men  to  serve  as  a  Board  of  Commissioners  of  Elec- 
tion for  said  city  for  the  term  of  two  years,  unless  sooner 
removed  by  the  Governor,  and  until  their  successors  are  ap- 
pointed and  have  oualified.  any  vacancy  to  be  filled  by  the 
Governor;  their  compensation  to  be  one  hundred  dollars  a 
year  eqch,  to  be  paid  rmarterly  by  the  City  Treasurer.  Said 
commissioners  shall  take  the  oath  of  office  as  prescribed  by 


ACT  S.  C.  LEGISLATURE,  SESSION  1912.          15 

Section  26,  Article  IIL  of  the  Constitution,  and  shall  organize 
as  a  Hoard  by  appointing  one  of  their  number  chairman  of 
the  Hoard,  and  such  chairman  shall  be  empowered  to  ad- 
minister oaths. 

Sec.  tM.  The  said  Board  of  Commissioners  of  Election 
shall  forthwith  appoint,  from  among  the  registered  electors 
<1  unified  to  vote  in  said  city,  three  discreet  and  trustworthy 
men  to  serve  as  Managers  of  Election  for  each  polling  pre- 
cinct in  said  city,  for  the  term  of  two  years,  unless  sooner 
removed  by  the  said  Board  of  Commissioners  of  Elections, 
and  until  their  successors  are  appointed  and  have  qualified. 
any  vacancy  to  be  filled  by  said  Board  of  Commissioners  of 
Elections,  each  manager  to  be  paid  three  dollars  for  each 
e!  'ction  in  which  he  serves,  upon  a  warrant  on  the  City 
Treasurer,  drawn  by  the  chairman  of  the  Board  of  Commis- 
sioners of  Elections.  The  managers  of  elections  shall  take 
the  oath  of  office  as  prescribed  by  Section  26,  Article  III,  of 
Ihe  Constitution,  and  that  they  will  fairly  and  impartially 
conduct  every  election  according  to  law  and  make  a  true 
return  of  the  result  thereof.  They  shall  keep  the  polls  open 
from  eight  in  the  morning  till  eight  in  the  evening,  and  upon 
the  closing  of  the  same  shall  immediately  proceed  to  count 
publicly  the  votes  cast,  and  shall  continue  such  count  until 
the  same  is  completed,  and  shall  make  a  statement  of  the 
whole  number  of  voles  cast  in  such  election,  together  with 
the  number  of  votes  cast  for  each  person  voted  for  mayor 
and  for  eouncilmen»  or  for  or  against  a  proposition  submit- 
ted, upon  the  completion  of  which  they  shall  transmit  such 
statement  to  the  Board  of  Commissioners  of  Elections  for 
said  city,  through  the  chairman  of  said  Board  of  Commis- 
sioners or  other  member  designed  to  receive  said  election 
returns,  and  shall  at  the  same  time  deliver  the  ballot  box, 
with  the  ballots  which  had  been  cast  at  said  election  sealed 
nr>  therein;  and  said  Board  of  Commissioners  of  Elections 
shall  immediately,  upon  the  receipt  of  such  statement  or 
renort  of  the  managers,  open  and  publish  the  same  ard  tabu- 
late all  the  returns,  and  in  case  of  a  very  close  election  or  a 
seer-iino:  probability  of  error  or  for  other  cause,  in  the  dis- 
r>re+io^  of  the  said  Board  of  Commissioners,  shall  recount 
tl^e  hpllots.  ard  on  the  second  day  succeeding  th^  said  elec- 
tion s^all  declare  the  result,  and  shall  file  a  certified  state- 
ment of  the  result  of  the  balloting  by  precincts  and  in  asrgre- 
p-nte  with  the  fitv  Cl-n-V.  and  also  with  the  Clerk  of  the 
Court  for  the  count v,  and  in  the  case  of  an  election  to  deter- 


16  COMMISSION  FORM  OF  GOVERNMENT 

mine  the  question  of  adopting  or  of  abandoning  the  form  oi' 
government  provided  for  in  this  article,  the  said  Board  of 
Commissioners  of  Elections  shall  file  such  statement  of  the 
result  also  with  the  Secretary  of  State  for  record  in  his 
office.  The  Board  of  Commissioners  of  Elections  shall,  as 
judicial  officers,  decide  all  protests  or  contests  that  may 
arise,  and  if  necessary  may  adjourn  from  day  to  day  and 
withold  the  decision  and  the  declaration  of  the  result  of 
the  election  for  a  period  not  exceeding  five  days  from  the 
second  day  after  the  election.  No  merely  technical  irregu- 
larities in  any  of  the  details  hereinabove  prescribed  shall  be 
held  to  vitiate  an  election,  provided  that  it  appear  that  the 
will  of  the  registered  electors  was  ascertained.  The  said 
Board  of  Commissioners  of  Elections  shall  also  have  charge 
of  the  registration  of  the  electors  of  said  city  and  shall  allow 
registration  for  four  days  consecutively  up  to  two  days 
preceding  the  first  primary  election,  and  shall  require 
as  a  prerequisite  of  registration  proof  of  payment  of  city,  as 
well  as  other  taxes,  if  past  due. 

Sec.  25.  The  usual  rule  of  law  as  to  the  interpretation  of 
statutory  provisions  and  the  construction  of  statutory  pow- 
ers shall  be  reversed  in  respect  to  this  article,  which  shall 
be  construed  liberally,  the  spirit  always  controlling  the  let- 
ter, and  any  technical  deficiencies  being  supplied  by  the 
reasonable  amendment  of  the  article  as  a  whole  in  the  light 
of  municipal  needs. 

Sec.  26.  Any  city,  after  operating  for  six  years  under 
the  provisions  of  this  article,  may  abandon  the  form  of  gov- 
ernment herein  provided  and  accept  the  provisions  of  the 
general  law  of  the  State  applicable  to  it  before  the  adoption 
of  this  form  of  government  by  procedure  of  petition  and 
election  on  the  question  of  abandonment  in  the  manner  pro- 
vided hereinabove  for  adopting  this  form  of  government. 

Sec.  27  All  Acts  and  parts  of  Acts  inconsistent  with 
this  Act  are  hereby  repealed. 

Sec.  28.  When  any  city  shall  have  adopted  such  form  of 
government  it  shall  go  into  effect  at  the  termination  of  the 
term  of  office  of  the  mayor  in  office  when  said  election  is 
held:  Provided,  That  the  provisions  of  this  Act  shall  not 
apply  to  Georgetown  and  Orangeburg  Counties. 

Sec.  29.  That  towns  and  cities  whose  population  is  be- 
tween seven  and  ten  thousand  may  adopt  the  provisions  of 
this  Act  and  enjoy  the  benefits  of  its  privileges  under  the 
following  conditions:  1,  That  the  election  for  the  adoption 


ACT  S.  C.  LEGISLATURE,  SESSION  1912.          17 

of  said  Commission  Form  of  Government  may  be  held  at 
the  same  time  and  place  and  under  the  direction  of  the 
managers  of  any  regular  election  and  the  registration  for 
any  such  election  on  whether  or  not  said  Commission  Form 
of  Government  be  adopted  or  not  shall  be  the  same  as  for 
t!  e  general  election  with  which  said  question  is  proposed 
to  be  decided:  Provided,  That  the  notice  of  the  proposal 
to  hold  such  election  shall  be  given  by  publication  at  least 
once  a  week  for  three  months  in  some  newspaper  of  general 
circulation  in  the  city  proposing  to  adopt  it,  and  the  notice 
of  the  opening  of  books  of  registration  and  the  days  on 
which  they  shall  be  opened  shall  also  be  published  in  the  re- 
quired advertisement.  2.  That  the  governing  commission 
of  said  city  shall  consist  of  a  mayor  and  three  councilmen, 
three  being  necessary  to  constitute  a  majority  and  also  a 
quorum  to  do  business,  and  that  the  business  of  said  city  shall 
be  divided  into  four  departments  and  that  the  salary  for 
mayor  and  aldermen  may  be  fixed  by  the  acting  City  Coun- 
cil to  be  made  a  part  of  the  provisions  of  this  law  upon  its 
adoption,  and  before  the  election  for  the  commissioners 
shall  be  ordered,  in  the  event  of  failure  to  be  fixed,  the 
salary  shall  be  for  the  mayor  eighteen  hundred  ($1,800.00) 
dollars  and  the  members  of  council  twelve  hundred  ($1,- 
200.00)  dollars:  Provided,  The  mayor  of  the  city  of 
Florence  shall  receive  twenty-two  hundred  ($2,200.00)  dol- 
lars as  salary.  3.  That  the  monthly  financial  report  and  the 
proceedings  of  the  Board  shall  be  printed  in  some  newspa- 
per of  general  circulation  in  the  city.  4.  That  the  Com- 
missioners of  Election  provided  for  in  this  Act  for  larger 
cities  may  be  for  smaller  cities  the  same  as  the  commis- 
sioners for  the  State  election  for  the  county  in  which  such 
city  is  located  and  that  for  extra  services  for  the  city  they 
shall  be  paid  the  same  as  commissioners  for  the  State  elec- 
tions are  now  paid,  and  that  they  shall  be  paid  for  such 
extra  services  by  the  city,  nor  shall  any  Board  of  Election 
Commissioners,  however  appointed,  be  paid  more  than  is 
paid  to  the  commissioners  for  State  elections.  5.  That  prior 
to  voting  in  any  election  ordered  by  the  City  Council  and 
before  voting  for  or  against  the  adoption  of  the  Commis- 
sion Form  of  Government  the  voters  shall  be  required  by 
the  managers  of  the  election  to  exhibit  to  them  a  certificate 
of  registration  from  the  city  showing  that  his  taxes  have  been 
^uly  paid  and  that  he  is  a  qualified  elector  of  the  State,  and 
his  ballot  shall  be  deposited  in  a  separate  box  from  those 


18  COMMISSION  FORM  OF  GOVERNMENT 

used  for  other  questions  in  the  election  and  plainly  marked 
"For  or  Against  Commission  Form  of  Government  for  the 

City  of  .  .  •  • "  such  registration  certificates 

shall  be  issued  by  a  City  Supervisor  of  Registration,  who 
shall  be  appointed  by  the  City  Council  to  hold  office  for 
four  years,  unless  removed  for  cause,  and  who  shall  be  paid 
an  annual  salary  of  one  hundred  ($100)  dollars,  and  he  shall 
be  provided  with  necessary  books  by  the  city  and  shall  keep, 
subject  to  public  inspection  at  all  times,  a  permanent  record 
of  his  transactions :  Provided,  That  the  provisions  of  this 
section  until  specifically  amended  shall  apply  only  to  the 
city  of  Florence. 

Section  30.    Is  The  Present  Charter  of  City  of  Sumter,  S.  C. 

Sec.  30.  Provided,  That  there  shall  be  held  an  election 
in  the  city  of  Sumter,  S.  C.,  on  the  second  Tuesday  in 
June,  1912,  at  which  said  election  there  shall  be  submitted 
a  ballot  of  ballots  to  be  provided  as  are  ballots  in  other  elec- 
tions upon  which  shall  be  written  or  printed,  "Shall  the 
City  of  Sumter  Adopt  the  Commission  Form  of  Government  ? 
Yes.  No."  (Erase  one  answer.)  "Shall  the  City  of  Sumter 
Adopt  the  Commission  Form  of  Government  With  a  City 
Manager?  Yes.  No."  (Erase  one  answer.)  The  proper 
authorities  to  see  that  the  two  questions  are  intelligently 
and  substantially  submitted  as  herein  provided,  so  that  the 
electors  of  said  city  may  select  between  the  two  questions. 
At  the  election  provided  to  be  held  on  the  second  Tuesday 
in  August,  1912,  a  Commission  Form  of  Government,  having 
been  established  the  officers  provided  for  herein  shall  be 
voted  by  ballots  to  be  furnished  as  provided  by  law7.  The 
form  of  government  receiving  a  majority  of  the  ballots 
cast  at  said  election  shall  thereupon  be  established  and  there- 
by be  and  become  the  form  of  government  of  and  for  said 
city.  That  there  shall  be  voted  for  at  an  election  to  be  held 
on'the  second  Tuesday  in  August,  1912,  in  the  event  of  the 
adoption  of  a  Commission  Form  of  Government  at  the  elec- 
tion to  be  held  for  the  same,  candidate  for  mavor  and  two 
councilmen  for  a  term  of  four  years:  Provided.  That  of  the 
two  councilmen  other  than  the  mayor  the  one  receiving  the 
highest  number  of  votes  shall  serve  for  a  term  of  four  years 
and  the  other  for  a  term  of  two  years,  whose  salary  shall  be 
as  follows:  Mayor,  twelve  hundred  ($1,200)  dollars  per 
annum;  Councilmen,  one  thousand  ($1.000)  dollars  per  an- 
num each,  if  the  form  of  government  without  the  city  man- 
ager feature  be  adopted ;  in  the  event  that  the  majority  of 


ACT  S.  C.  LEGISLATURE.  SESSION  1912.          19 

the  votes  or  ballots  cast  at  the  said  election  shall  be  in  favor 
of  the  Commission  Form  of  Government  with  a  city  man- 
ager, then  in  that  event  the  salaries  shall  be  as  follows: 
Mayor,  three  hundred  ($300)  dollars  per  annum,  and  Coun- 
cil men  two  hundred  ($200)  dollars  per  annum  each,  said 
salaries  to  be  paid  in  equal  monthly  installments.  If  a  ma- 
jority of  the  ballots  cast  at  the  election  provided  for  herein 
shall  be  in  favor  of  having  a  manager  (city  manager),  then, 
in  that  event,  the  mayor  and  councilmen  when  elected  shall 
not  distribute  the  powers  of  said  council  among  the  mem- 
bers of  the  same;  but  shall  employ  a  male  person  of  sound 
discretion  and  of  good  moral  character  not  of  their  number 
of  such  salary  and  upon  such  terms  as  they  may  decide,  who 
shall  he  subject  to  such  rules  and  regulations  as  may  be 
provided  by  said  councilmen.  That  the  result  of  the  said 
elections  as  to  the  form  of  government  shall  be  filed  with  the 
Secretary  of  State,  and  such  filing  shall  be  sufficient  notice 
that  said  city  has  adopted  and  is  operating  under  the  Com- 
mission Form  of  Government  so  adopted.  If  such  election 
result  in  favor  of  adoption  of  either  form  of  commission 
government  herein  referred  to,,  that  the  mayor  and  coun- 
cilmeii  elected  or  chosen  as  herein  provided  at  the  election 
to  be  held  for  that  purpose  shall  be  and  constitute  the  City 
Council  of  said  city.  And  each  of  them  shall  have  the  right 
to  vote  on  all  questions  coming  before  the  said  council  two 
of  them  constituting  a  quorum:  Provided,  however,  That 
by  unanimous  consent  the  requirements  as  to  order  of  busi- 
ness or  procedure  may  be  dispensed  with.  If  the  majority 
of  the  ballots  cast  at  such  election  be  in  favor  of  the  Com- 
mission Form  of  Government  without  a  manager,  then,  in 
that  event,  the  executive  and  administrative  powers  and  all 
powers  inhering  in  or  devolved  by  law  upon  said  council  of 
which  each  of  the  members  (including  the  mayor)  who  is 
also  herein  and  hereby  made  a  member  of  said  council  upon 
the  same  being  elected  as  herein  provided,  shall  be  superin- 
tendent of  one,  the  mayor  making  the  first  assignment  and 
realignments  being  made  by  a  vote  of  the  council  when 
nece^ary.  that  the  council  of  the  said  city  of  Sumter  may 
exercise  the  powers,  and  provisions  and  the  privileges  set 
forth  and  enumerated  ir  Sections  twentv  (20)  and  twentv- 
o^p-  (21)  in  this  Act.  That  the  council  of  the  said  city 
of  Siimter  rnav  firran*.  renew  or  extend  franchises  for  in- 
tern rban  or  street  railwavs  or  waterworks,  eras  or  electric 
IJo-H  or  power  plant,  heating  plants,  telegraph  or  telephone 
systems  or  other  public  service  utilities  not  prohibited  by 


20  COMMISSION  FORM  OF  GOVERNMENT 

the  Constitution  of  the  State,  within  said  city  upon  a  peti- 
tion for,  against  or  in  reference  to  the  same,  signed  by  two- 
thirds  (2-3)  of  the  qualified  electors  of  the  said  city.  That 
the  books  of  registration,  both  of  the  city  and  county  of 
Sumter,  shall  be  opened  for  registration  for  three  (3)  weeks 
prior  to  the  election  ordered  hereunder  or  to  any  election 
held  hereunder,  the  said  books  to  be  closed  thirty  (30)  days 
before  each  of  said  elections  as  required  by  law.  The  Super- 
visors of  Registration  to  attend  in  their  office  at  least  five 
(5)  hours  per  day  during  the  three  weeks  prior  to  each  elec- 
tion, and  for  such  service  the  County  Supervisors  of  Regis- 
trations hall  receive  the  sum  of  fifty  ($50.00)  dollars  each 
for  holding  said  State  and  county  registration,  that  the  elec- 
tions herein  provided  to  be  held  in  the  city  of  Sumter,  shall 
be  held  and  conducted  in  the  same  manner  as  elections  are 
now  held  for  mayor  and  aldermen  of  said  city,  unless  other- 
wise in  this  section  directed.  If  for  any  reason  the  election 
provided  for  to  be  held  on  second  Tuesday  in  June,  nine- 
teen hundred  and  twelve  (1912),  on  the  question  of  Com- 
mission Form  of  Government,  be  not  held,  a  petition  signed 
by  one-fourth  (1-4)  of  the  qualified  electors  of  the  said  city, 
the  mayor  of  the  said  city  is  directed  to  order  by  proclama- 
tion an  election,  and  fix  the  date  for  the  same,  to  be  held, 
upon  the  question  of  adopting  a  Commission  Form  of  Gov- 
ernment, and  if  such  election  result  in  favor  of  establishing 
a  Commission  Form  of  Government,  then,  in  that  event, 
the  mayor  of  said  city  shall  order  an  election  for  the  pur- 
pose of  electing  the  officers  herein  provided  for,  and  the 
mayor  shall  fix  the  time  for  holding  such  election,  and  such 
election  shall  be  held  in  the  manner  as  herein  provided 
with'  the  same  provisions  as  to  registering,  keeping  open  and 
the  closing  of  the  books  of  registration,  and  the  extra  com- 
pensation to  the  Supervisor  of  Registration ;  the  mayor  and 
aldermen  and  all  other  officers  of  the  said  city  then  in  office 
(referring  to  the  time  of  election  for  same  under  tenure 
other  than  under  this  Act)  are  hereby  continued  in  office 
until  the  election  herein  provided  for  shall  be  held;  ar>d  if 
a  Commission  Form  of  Government  is  established,  until  the 
o^cer  selected  at  the  election  for  same,  shall  have  qualified  ; 
and  all  ordinances,  resolutions  and  other  provisions  thereto- 
fore and  now  of  force  ^^d  not  inconsistent  with  the  provi- 
sions of  this  Act  as  modified  by  this  section  shall  remain  in 
force  until  altered  or  repealed  by  the  council  as  herein  pro- 
vided. All  the  powers  and  privileges  enumerated  and  set 


COMMISSION  FORM  OF  GOVERNMENT  21 

forth  hi  Section  13  of  this  Act  shall  apply  to  the  city  of 
Sumler;  except  that  if  the  form  of  government  with  the 
feature  of  city  manager  be  adopted  that,  in  that  event,  the 
members  of  the  council  shall  not  be  required  to  keep  the 
office  hours  therein  provided  for,  but  shall  keep  such  hours 
as  may  be  necessary,  that  all  other  provisions  not  inconsistent 
with  the  provisions  of  this  section  shall  apply  to  the  city 
oi'  Sumter.  If  any  election  results  in  a  tie  vote  another 
election  may  be  ordered  by  the  mayor.  The  regular  election 
for  mayor  and  aldermen  now  provided  by  law  to  be  held  in 
April,  1912,  is  lieieby  postponed  to  August  13th,  1912,  and 
the  mayor  ami  aldermen  now  in  office  shall  continue  in 
<»'':!<•:  i!!, til  the  mayor  and  aldermen  then  elected  shall 
qualify:  Provided,  That  in  case  the  Commission  Form  of 
(Jovernmenl  is  adopted  at  the  election  herein  provided  for, 
there  shall  be  no  such  election  held. 

This  Act  was  presented  to  the  Governor  the  23d  day  of 
February  A.  D.  1912,  and  was  not  returned  by  him  to  the 
House  in  which  it  originated  within  three  days,  the  General 
Assembly  being  in  session. — Code  Commissioner. 

SUMTER;  SOUTH  CAROLINA. 

THE  IDEAL  CITY  FOR  DIVERSIFIED  MANUFACTUR- 
ING. FREE  SITES  AND  EXEMPTION  FROM  CITY 
TAXES  FOR  FIVE  YEARS.  FINE  FIELD  FOR  AX  IX- 
TERURBAN  ELECTRIC  RAILWAY.  FREE  FRANCHISE 
A  XI)  RIGHTS  OF  WAY.  LOCATED  IN  THE  MOST  FER- 
TILE AGRICULTURAL  SECTION  OF  THE  GREAT  UN- 
DEVELOPED SOUTHLAND.  BIG  NET  PROFIT 
YIELDS  PER  ACRE.  THE  IDEAL  SECTION  FOR  GEN- 
ERAL FARMING.  TRUCK.  FRUITS.  LIVE  STOCK 
AND  POULTRY  RAISING.  DAIRYING.  INEXAUSTT- 
BLE  SUPPLIES  OF  PURE  DRINKING  WATER.  FINE 
CLIMATE.  FINE  CITY  AND  COUNTRY  SCHOOLS. 
CHURCHES  OF  ALL  CREEDS.  GOOD  COUNTRY 
ROADS.  THE  CITY  AND  COUNTY  WITH  SPLENDID 
HEALTH  AND  HYGIENIC  RECORDS.  SPLENDID 
LOCAL  AND  LONG  DISTANCE  TELEPHONES.  CITY 
AND  RURAL  FREE  DELIVERY.  REASONABLE  ELEC- 
TRIC MOTIVE  POWER.  CHEAP  COAL  FUEL  RATES. 
THE  WELL  DRAINED  CITY  WITH  UP-TO-DATE-  PUB- 
LIC UTILITIES  SUCH  AS  SANITARY  SEW- 
ERS.  WATER  WORKS  SYSTEM.  ELECTRIC  AND  GAS 
LIGHT  PLANTS.  FINE  FIRE  DEPARTMENT.  WELL 


22  ACT  S.  C.  LEGISLATURE,  SESSION  1912. 

POLICED.  SHADY  STREETS.  A  WIDE-AWAKE  CHAM- 
BER OF  COMMERCE.  BUSINESS  MEXS  CLUB.  RETAIL 
DEALERS  ASSOCIATION.  ALL  FRATERNAL  ORDERS 
REPRESENTED  BY  LODGES.  WHOLESOME  AMUSE- 
MENTS IN  MOVING  PICTURES  AND  FINE  ACADEMY 
OF  MUSIC.  GOOD  FISHING  AND  HUNTING  IN  SEA- 
SONS. A  WIDEAWAKE  AND  PROGRESSIVE  BUT 
CLEAN  CITY  AND  COUNTY.  SPLENDID  OPPORTUNI- 
TIES FOR  MORE  MANUFACTURING  AND  WHOLE- 
SALE ENTERPRISES.  THE  FIRST  CITY  IN  THE  UNIT- 
ED STATES  TO  ADOPT  THE  COMBINATION  "SUMTER 
CITY  MANAGER  AND  MODIFIED  COMMISSION  FORM 
OF  MUNICIPAL  GOVERNMENT." 

SUMTER,  S.  C. 

"THE  LITTLE  CITY  OF  BIG  DOINGS." 


1914 

KNIGHT  BROS.   PRINTERS, 
SUMTER,   S.    C. 


ALL  ROADS  LEAD  TO 


SUMTER 


The  Railroad  Center  of  So.  Carolina 
FOUR  RAILWAY  SYSTEMS 

With  Their  Nine  Railroad  Lines. 
FINE  DISTRIBUTING  POINT. 


August 


/annah 
SUMTER  MEANS  SUCCESS. 

Qur  Jftotto:      ''The  Truth  is  Good  Enough." 

•  You  are  Invited  to  Investigate. 
Write  SUMTER  CHAMBER  OF  COMMERCE,  Sumter,S.C. 


lord  Uros. 
Makers 

Syracuse,  X.   Y 
PAT,  JAN.  21.  1908 


YC  09699 


298620 


UNIVERSITY  OF  CALIFORNIA  UBRARY 


UNIVERSITY  OF  CALIFORNIA   LIBRARY 
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